Study On The Charging Standard Of Civil Procedure Fees

The charging standard of civil procedure fees is the core pa rt of civil procedure fees system,is the important component to the civil procedure ’s smooth functioning,too. The design of char ging standard of civil procedure need full theoretica l bases,also need to response the civil judicial prac tice requires.So, scientific de sign of civil procedure fees charging standards, realize the value and functio n and of the system of procedure fees, is the contemporary issues of the reform of justice and civil procedure.Currently, the legislation about civil procedure feess char ges mainly reflected in the third chapter of "The Procedure Fees Pay Scheme ",enacted by the State Council in 2006. But times have changed, objectively, the background of the socio-econom ic and legal environment has undergone major changes, "The Procedure Fees Pay Scheme " in terms of the fees of procedure already inadequate the need of civil procedure. To writing this article, I selected 5 H provinces’ s court as sam ple, supported by com parative research and normative analysis, that the current fees of civil p rocedure gradually revealed many problems, mainly in the following aspects : fees chaos that is applicable chaos, harm the unity of the civil ju stice; fees is too simple, many cases of char ges has not been determined; charge more single standards,can not full participation in society and people; between charges fragmentation of the provi sions of the m ore messy scattered; fee standards based on insuf ficient pluralism, can not fully reflect the different nature of the case concern procedures; fees li mit is still unclear, especially in the upper limit for the charges to be indefinite.To solve these problem s of civil procedure fees charges exist, I believe that should build a fair, efficient and authoritative jud icial system as the tar get value, in full consideration of the status quo of the current econom ic and social development of China on the basis of the fees of civil procedure fees for furt her reform and improvement to make it more forward-looking, scientific. Its path can be realized in the scientific definition of a civil procedure based on the nature of expenses, the basic principles of civil procedure clear fees-recovery criteria, play civil procedur e charging standard system ’s function effectivly.